symbolic picture
The Andhra Pradesh High Court has upheld a gay couple’s right to live together and affirmed their freedom to choose their partner. A bench of Justices R Raghunandan Rao and K Maheshwar Rao was hearing the habeas corpus petition of Kavita (name changed). Kavitha has alleged that her partner Lalitha (name changed) has been detained by her father against her will and is keeping her at his residence in Narsipatnam. The bench on Tuesday directed Lalita’s parents not to interfere in the couple’s relationship and said their daughter was an adult and could take her own decisions.
Gay couple living together for 1 year
The couple has been ‘living together’ in Vijayawada for the last one year. Based on the missing complaint lodged earlier by Kavita, the police recovered Lalita from her father’s house and freed her. She was then kept in a welfare home for 15 days, although she pleaded with the police that she was an adult and wanted to live with her partner. Lalita had also filed a complaint against her father in September, alleging that her parents were harassing her over relationship and other issues. After police intervention, Lalita returned to Vijayawada and started going to work and meeting her partner frequently. However, Lalita’s father once again came to her house and forcibly took away her daughter.
Accusation of illegal detention
Kavita alleged in her habeas corpus petition that he has kept her in his custody ‘illegally’. The father lodged a complaint with the police that his daughter had been kidnapped by Kavita and her family members. Kavita’s lawyer Jada Shravan Kumar, citing previous judgments of the top court, argued that the detainee has expressed her express consent to live with the petitioner in the shared house of the petitioner’s parents and that she would never leave her parents’ house. And would not want to go back to other family members.
Lalita ready to withdraw complaint filed against parents
Kumar also told the court that Lalita has also expressed her willingness to withdraw the complaint filed against her parents if she is allowed to live with the petitioner. Vijayawada Police produced Lalita in the High Court on Tuesday following the court’s instructions. The bench, while disposing of the petition, also observed that no criminal proceedings should be initiated against Lalita’s family members as she was ready to withdraw the complaint. (with language inputs)
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